C5/141/6
[Document
torn down the right edge]
George
Ballard and Sarah, his wife c. John and Susanna Tempest
Bill of
Complaint of George and Sarah Ballard,
30 October
1697,
Gentleman of
the Middle Temple, London. In 1691 Sarah, then Sarah Moyse, being then an
infant, by William Fanshawe, her guardian, exhibited a Bill of Complaint against
Richard and Susanna Boyle, the latter being the widow of Geoge Moyse, the mother
and father of the plaintiff. Details given of her father’s estate, including a
rectory in Shoreham, Kent and a personal estate worth 6,000 pounds. About 1689
Moyse made his will and left the lease of the Shoreham property and other
property in Tottenham and elsewhere to the value of 100 pounds to his daughter
Sarah and other lands to the value of 300 pounds he left to Sarah, but only
after the death of her mother, who entered into the property after the death of
George and renewed the lease but in her own name. She married Richard Boyle and
maintained that her daughter had no right to the rectory, even although she had
renewed the lease ‘in trust’. She refused to account for any of the receipts
of the estate and has disposed of goods and chattels, which she held in trust
for Sarah. The latter was treated like a servant and made to pay for her keep.
She
exhibited her first bill for them to come to account with her. Give detail of
the progress of the case. On 7 June 1692 it was decreed that the Boyles should
assign the lease to the Six Clerks who were to make a lease, subject to the
order of the court and it was also ordered that the Boyles should come to an
account for the estate and the rents and profits that accumulated since the
death of George Moyse. The personal estate was to be split equally between Sarah
and Susanna. The case was stopped by the death of Richard Boyle. Henry Pursell,
the administrator of Boyle, exhibited a Bill of Revivor and the suit was revived
on 9 November 1693. Likewise on her marriage with George Ballard, the case was
abated but they also exhibited a Bill of Revivor. On 10 May 1695 it was ordered
that the Six Clerks should again make a lease and Susanna Boyle and Henry
Pursell ordered to come to account. The estate was divided between them. But
Sarah Ballard, knowing that her mother was unable to account for or pay what was
owing, came to an agreement and general release on 29 July 1695 concerning the
division of the property and the lease on the rectory at Shoreham. The latter
was to go to the Ballards along with half of the personal estate. Susanna
entered into bonds with the plaintiffs and Richard Nurse for payments of money
due to Sarah. In return the plaintiffs entered a general release against Susanna
Boyle and she against them. The plaintiffs expected that this would be an end to
the matter. But Susanna has combined with John Tempest (who she subsequently
married) and maintains that in 1673 George Moyse made an indenture with Henry
Spurstow and others, which granted him the use of several messuages, lands and
tenements in Middlesex and Essex in his lifetime and that of his wife, Susanna.
They were supposed to have a yearly value of 239 pounds but there was a
shortfall, which Susanna maintains, should be paid out of the estate of George
Moyse now in the hands of Sarah Ballard and has brought an action in King’s
Bench. Recite the arguments in the case. They believe that any shortfall was the
result of mismanagement by Susanna Tempest in allowing the property to fall into
disrepair. Also stress that the agreement made on 29 July 1695 was supposed to
put an end to the controversy.
Answers
of John and Susanna Tempest,
28 January
1697/8
Details of
the progress of the cases brought in Chancery. As the Ballards were not readily
complying with the bonds of arbitration, at the request of Henry Spurstow,
brother of Susanna Tempest, she suggested that the parties come to a
‘friendly’ accommodation and an instrument of agreement was drawn up.
Believes that no mention was made of the covenant outlined in the bill of
complaint, when the agreement was drawn up. It was only after that she
discovered the indenture of 1673 concerning the property in Essex and Middlesex.
Details her expenses in connection with this property, which included almshouses
in Tottenham. Denies that she allowed the property to fall into disrepair.
Believes any shortfall in profits should be made good by Sarah Ballard, as heir
of George Moyse. She caused Luke Astry, the only surviving signatory of the
indenture with George Moyse of 1673, to bring an action for breach of covenant
against the Ballards.
Answers
of Luke Astry,
28 January
1697/8,
John Tempest
came to him and reminded him of the deed made in April 1673 and the covenant
attached to the deed. Tempest told him that he and Susanna were greatly damaged
by the non-performance of the provisions of the covenant by Sarah Ballard, as
heir of George Moyse. As the only surviving trustee, he was obliged to bring an
action for breech of covenant.